Join the gym and lose £££s

Health clubs look forward to the New Year and the fees from thousands of well-intentioned new members. And with court action and debt collection agencies standing by to collect your fees, gyms make sure you lose pounds whether you get fit or not.

January is the best month of the year for gyms and health clubs – the Fitness Industry Association reports that the number of new members is 47% higher than the average monthly figure for the rest of the year.

But those new joiners often find when the early enthusiasm fades, membership agreements are impossible to get out of and they end up paying hundreds of pounds for something they don't want.

Helen Burgess joined her local branch of Esporta in Chistlehurst, Kent, but was soon dissatisfied with the service she got for her £75 monthly fee.

'I wasn't happy at all with the facilities. There was something wrong with the ventilation in the pool area which meant they had to keep the doors open but that allowed leaves would blow in from outside. There was another problem that meant they needed to use buckets to catch drips from the ceiling.' Helen said.

She also had concerns about the security of the gym, having been allowed access unchecked on several occasions. Having complained to staff, she finally informed Esporta in writing that she was cancelling her membership and stopped her direct debit payments.

Esportas response was to enlist a debt collection agency to make Helen pay. 'They were demanding £565 from me, which was the whole amount for the rest of the time of my membership. But I wasn't trying to cancel because I didn't want the membership anymore. I wanted to use the gym but I wasn't happy with the facilities,' she says.

The rules governing gym membership agreements were tightened in 2002 by the Office of Fair Trading because of the volume of complaints from unhappy consumers.

The new rules say: 'It may be fair to refuse members a full refund in circumstances where they simply do not wish to attend anymore. But if they cancel their membership because, for example, the club is unhygienic or unsafe, then they should be entitled to a pro rata refund.'

Esporta has offered Ms Burgess a partial refund but has not responded to questions about why she cannot get a full refund under the OFT rules.

This is Money has previously reported on the case of Marilyn Rowlands who wanted to cancel her Esporta membership because she fell ill with bronchial pneumonia before she was able to use the gym.

Despite staff having told Mrs Rowlands that she could defer membership if she produced a doctor's note, Esporta ignored the note and threatened court action to collect the debt.

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Andree Deane, the chief executive of the Fitness Industry Association, the trade body for gyms, said: 'We have drawn up our own code of conduct for our members based on the OFT rules and require that gym staff are trained to take new members through the small print.

'In research conducted by consultants Deloitte last year, consumers said that they felt health clubs were expensive. The reason is that people don't feel they are getting value for money. Gyms are offering more flexible options now so that members can join on a month-to-month basis without getting tied to long contracts.'

Peter Bernnan, the managing director of Virgin Active, recent buyer of the Holmes Place chain of gyms, said: 'You have to be transparent. We tell people in large print when a contract is fixed for 12 months and offer a rolling month-to-month membership that can be cancelled if you give notice before the 17th of a month.

'More importantly, we find out what members want from the gym. If they haven't excercised much before, they are unlikely to suddenly start going three times a week, but if they get individual training, or can attend classes with other people, then they are more likely to stay. If you just sign everyone up to year-long contracts then many will want to leave.'

The pursuit of a fitter and healthier lifestyle is generally to be encouraged whatever the time of year. But if you plan on joining a gym in 2007 it may pay to do some research first.

Ask the gym about cancellation policies and how long it will take to leave the contract if you want to.

Be realistic about your appetite for exercise. There are plenty of other forms of exercise that cost nothing and it may be that a rolling gym membership – usually for an extra charge – will work out cheaper if you find the gym is not for you. And if you have the willpower to stick at it, you can always sign up to a year-long contract at a later date.